ILLINOIS POLLUTION CONTROL BOARD
    January 22, 2004
     
    MIDWEST GENERATION, LLC –
    COLLINS GENERATING STATION,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 04-108
    (CAAPP Permit Appeal - Air)
     
    ORDER OF THE BOARD (by A.S. Moore):
     
    On January 8, 2004, the Board accepted the petition of Midwest Generation LLC
    (Midwest Generation) asking the Board to review a November 25, 2003 determination of the
    Illinois Environmental Protection Agency (Agency). The Agency issued a Clean Air Act Permit
    Program (CAAPP) permit to Midwest Generation with conditions the company opposes. The
    permit concerns Midwest Generation’s Collins Generating Station, an electric generating station
    located at 4200 Pine Bluff Road in Morris, Grundy County. Today the Board rules on Midwest
    Generation’s motion to stay the effectiveness of the CAAPP permit during this appeal.
     
    Midwest Generation included the motion for stay in its petition for review, filed on
    December 31, 2003. Midwest Generation argues that during this appeal, it should not be subject
    to permit provisions that incorrectly apply legal requirements to its facility. Midwest Generation
    requests that the Board stay the effectiveness of the entire CAAPP permit because staying only
    the contested conditions, which are throughout the permit, would leave the remaining permit
    provisions virtually meaningless. According to Midwest Generation, it will continue to be
    subject to its State operating permit, which has applied to the company since it submitted the
    CAAPP permit application in 1995.
     
    In the Board’s January 8, 2004 order, the Board reserved ruling on Midwest Generation’s
    motion for stay to allow the Agency time to respond to the motion. The Agency has not
    responded to the motion and therefore waives any objection to the Board granting the motion.
    See
    35 Ill. Adm. Code 101.500(d). The Board grants Midwest Generation’s motion to stay the
    effectiveness of the CAAPP permit until the Board’s final action in this appeal or until the Board
    orders otherwise.
     
    IT IS SO ORDERED.
     
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on January 22, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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